Arizona Department of Health Services Director on Implementing Proposition 203

Here are some interesting statements from Will Humble, the Director of the Arizona Department of Health Services, the agency that will oversee Arizona’s medical marijuana law.

On how DHS will determine which applicants get one of the 124 dispensary licenses:

“There are probably a number of ways to do it, but 3 come to mind right away.  We could, for example:

  1. Use some kind of first-come first-served process and simply approve the first 124 complete dispensary applications;
  2. Place the complete applications in a pool and have some kind of random drawing on a particular date; or
  3. Evaluate the complete applications using some kind of objective criteria (such as the professional quality of their business model, security plan, customer validation and inventory system etc) and select the best applications from the stack for approval.

Method 3 is probably the best because we’d be able to select the best of the qualified applicants”

On the proposed implementation schedule:

“Implementing the Act will take at least 4 months… and we expect to be able to accept our first applications for medical marijuana (Cannabis) cards and dispensaries in early April, 2011.  In the mean time, we’ll be developing the Administrative Code (Rules) for actually operating and regulating the program.  Here is our schedule for Rule development:

December 17, 2010: ADHS posts an initial informal draft of the Rules.

December 17, 2010 – January 7, 2011: ADHS receives informal (electronic) public comment on the initial informal draft Rules.

January 31, 2011: ADHS posts official draft Rules for public comment.

January 31, 2011 – February 18, 2011: ADHS receive public comment on a revised draft of the Rules.

February 15 – 17, 2011: ADHS holds 3 public meetings about the draft Rules

Tuesday, February 15, 2011 – 1 pm, 250 N 17th Ave., Phoenix

Wednesday, February, 16, 2011 – 1 pm, 400 W. Congress, Room 222, Tucson

Thursday, February 17, 2011 – 1 pm, 250 N 17th Ave., Phoenix

March 28, 2011: ADHS publishes the final Rules that will be used to implement the Act.”

By |2010-12-19T17:31:35-07:00November 29th, 2010|Dept Health Services, Will Humble Speaks|Comments Off on Arizona Department of Health Services Director on Implementing Proposition 203

Peoria Drafts Policy on Medical Marijuana Dispensaries

Arizona Republic:  “With the passage of Proposition 203 legalizing marijuana for medical use, Peoria officials have prepared a draft policy in anticipation of requests to open a dispensary or a cultivation facility.  The proposed ordinance places some guidelines and restrictions for operators and cultivators, including requirements to apply for a special city permit and maintain a specific distance from such places as schools, day care facilities and homes.”

By |2010-12-27T08:35:27-07:00November 29th, 2010|Stories & Articles|Comments Off on Peoria Drafts Policy on Medical Marijuana Dispensaries

Medical Marijuana: Prop 203’s Passage Means a New Billion-Dollar Industry for Arizona

Phoenix New Times: “In Arizona, you can ride a motorcycle without a helmet, conceal a handgun, and buy an AK-47. And soon, if you qualify, you’ll be able to smoke a big, fat doobie. Legally. . . . Arizona is on the verge of establishing a billion-dollar pot industry.”

By |2010-12-19T17:26:22-07:00November 25th, 2010|Stories & Articles|Comments Off on Medical Marijuana: Prop 203’s Passage Means a New Billion-Dollar Industry for Arizona

Marijuana in Arizona

Jon Gettman , Ph.D., wrote a scholarly paper called “Marijuana in Arizona, Arrests, Usage, and Related Data.”  The article contains statistics and information about the criminal aspect of marijuana use in Arizona.  It states:

“There were 21,727 arrests for marijuana offenses in Arizona in 2007, representing an arrest rate of 343 per 100,000, which ranks Arizona at number 16 in the nation. There were an estimated 473,000 past year marijuana users in Arizona during 2007. Reconciling this estimate with the number of arrests for marijuana offenses provides an arrest rate of 4,593 per 100,000 users, which ranks Arizona at number 14 in the nation.

In terms of overall severity of maximum sentences for marijuana possession, Arizona ranks number 12 in the nation (based on penalties for a first offense). When it comes to penalties for just under 1 ounce of marijuana, Arizona is ranked at number 2 . . .. Here are the penalties for possession of various amounts of marijuana in Arizona:”

By |2019-06-14T08:24:50-07:00November 21st, 2010|Marijuana Crimes, Stories & Articles|Comments Off on Marijuana in Arizona

Cities Craft Rules on Medical Pot Dispensaries

Arizona Republic:  “Southeast Valley cities are working hard to have a say in where the medical marijuana dispensaries are located.  Without ordinances setting limits on their location, cities risk getting them placed wherever an approved applicant desires, officials say.”

See “Scottsdale discusses medical-pot dispensaries.”

By |2012-08-18T10:10:38-07:00November 21st, 2010|Stories & Articles, Zoning|Comments Off on Cities Craft Rules on Medical Pot Dispensaries

Arizona Begins Setting Up Program for Medical Pot

Arizona Republic:  Arizona Department of Health Services “officials said Monday that they will begin implementing the measure and expect the drug to be in use by late summer 2011.  [ADHS] Director Will Humble said he expects that by April, the agency will begin reviewing applications from people who want to use medical marijuana or operate a dispensary. The program should be fully functioning by later that summer, when dispensaries have had time to grow the plants.”

“The department currently is considering several options to screen dispensary applications, such as accepting them on a first-come, first-served basis or creating a lottery system and drawing random applications. The ideal but most labor-intensive way to select dispensaries would be to evaluate the quality of their business models, security plans and inventory systems and then select the best 124 applications, Humble said.”

See the Channel 12 video that answers questions asked by viewers about the new law.

By |2019-06-14T08:24:50-07:00November 16th, 2010|Dept Health Services, Stories & Articles|Comments Off on Arizona Begins Setting Up Program for Medical Pot

Globe Proposed Zoning Ordinance

Read the text of the October 18, 2010, version of Globe’s proposed medical marijuana dispensary zoning ordinance.  Here are the highlights:

  1. A Medical Marijuana Dispensary may be not be located within any Residential District
  2. A Medical Marijuana Dispensary may only be located in C-2, C-3, M-1 or M-2 Zoning Districts pursuant to a conditional use permit as may be approved pursuant to Section 14-10-6 of this Code, except that the recommendation of the Planning Commission shall also be reviewed and approved by the City Council prior to the issuance of a conditional use permit for a Medical Marijuana Dispensary.
  3. A Medical Marijuana Dispensary shall not be located within Five Hundred (500′) feet of any public park, school or another Medical Marijuana Dispensary.
  4. No person under the age of eighteen (18) may be present at a Medical Marijuana Dispensary except with the prior approval of the Chief of Police, or designee, for good cause shown.
  5. Only persons with a Registry Identification Card, as defined by A.R.S. 36-2801 (14), authorized licensees, and authorized employees may be present at a Medical Marijuana Dispensary.
  6. No alcoholic beverages shall be sold, served, or consumed on the premises.
  7. Dispensaries are to be designed and constructed so that no area or portion where marijuana can be visible from the exterior while requiring the entrance to be visible from a public street.
  8. Drive through and delivery services are prohibited.
  9. Hours of operation shall be only from 8 a.m. to 8 p.m.
By |2015-04-06T18:49:17-07:00November 15th, 2010|Stories & Articles, Zoning|Comments Off on Globe Proposed Zoning Ordinance

League of Arizona Cities & Towns’ Model Medical Marijuana Dispensary Zoning Ordinance

The League of Arizona Cities & Towns drafted a sample medical marijuana dispensary zoning ordinance for Arizona cities.  Arizona Proposition 203 authorizes cities to regulate the location and operation of medical marijuana dispensaries within their boundaries.  The Proposition states that Arizona cities may “enact reasonable zoning regulations that limit the use of land for registered nonprofit medical marijuana dispensaries to specified areas in the manner provided in Title 9, Chapter 4, Article 6.1.

By |2015-04-06T18:49:16-07:00November 15th, 2010|Stories & Articles, Zoning|Comments Off on League of Arizona Cities & Towns’ Model Medical Marijuana Dispensary Zoning Ordinance

How to Access AZ Medical Marijuana Stories Pre 11/2/2010

We have a lot of articles, stories and information about Arizona Proposition 203 on the KEYTLaw law blog for the period that ends on November 2, 2010, the day Arizona voters approved Proposition 203.  To read our pre 11/2/10 articles, see the Medical Marijuana in Arizona topic area of the KEYTLaw Law Blog.

By |2010-12-19T17:45:20-07:00November 2nd, 2010|Stories & Articles|Comments Off on How to Access AZ Medical Marijuana Stories Pre 11/2/2010